Prothonotary of NSW v Russell Alan Jarvie [2016] NSWSC 1249

Supreme Court New South Wales

Medium Neutral Citation: Prothonotary of NSW v Russell Alan Jarvie [2016] NSWSC 1249 Hearing dates: 29 August 2016 Date of orders: 29 August 2016 Decision date: 29 August 2016 Jurisdiction: Common Law Before: Campbell J Decision: (1)Pursuant to the inherent jurisdiction of the Court order that the defendant attend the Supreme Court on 16 September 2016 and thereafter as required, to answer the charge of contempt of court set out in the Summons dated 19 May 2015; (2)Order that this order be taken to be served on the defendant by leaving it at the gate to the premises at xxxxxxxxxxxxxxx and at the premises at xxxxxxxxxxxxxxxxxx; (3)Order that personal service of the order be dispensed with and upon compliance with Order 2 the defendant shall be deemed to have been duly served with this order; (4)Order that the costs of this motion be costs in the summons listed on 16 September 2016; (5)Direct that any further affidavit evidence to be relied on by the plaintiff be filed and served by 2 September 2016; (6)Service pursuant to Order 5 may be effected either personally or in accordance with Order 2. Catchwords: CONTEMPT – practice and procedure – evasion of service by alleged contemnor – power to order attendance at hearing Legislation Cited: Property (Relationships) Act 1984 (NSW) Cases Cited: Attorney General of New South Wales v Hayden (1994) 34 NSWLR 638 Category: Procedural and other rulings Parties: Prothonotary of NSW (Applicant) Russell Alan Jarvie (Respondent) Representation: Counsel: D Kell (Applicant)